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How to Prepare a Formal Complaint Against Your Commanding Officer (Article 138 Request for Redress)

Today, we’re going to discuss how to prepare a formal complaint against your commanding officer under Article 138 (Request for Redress).

📌 Attached Resources:

  • Flowchart of the Process – see belowbelow.
  • Future Guide – Will be added in the description once available.

Now, let’s get into the presentation.

Table of Contents show

Reference for Article 138

📖 Regulation: AR 27-10, Military Justice

  • This is a simple overview of the 138 process.
  • Read AR 27-10 carefully to fully understand the process.
  • Seek legal advice from JAG before proceeding.

What is Article 138?

Article 138 allows a soldier to file a formal complaint against their commander if they believe they have been wronged or mistreated.

🚨 Important Note:

  • Not to be taken lightly!
  • Serious process with second and third-order consequences.
  • Think through unintended consequences before proceeding.

What Cannot Be Filed Under Article 138?

You cannot request an Article 138 for actions that have formal appeal/redress processes, such as:
❌ Article 15s
❌ Evaluation Reports
❌ Other Corrective Actions with Appeal Mechanisms

Legal Assistance from JAG

✅ Right to Legal Assistance – JAG can help draft your complaint.
✅ JAG can clarify whether your case qualifies for Article 138.

Process for Filing an Article 138 Complaint

Step 1: Initial Written Request to the Commanding Officer

📌 The soldier must submit a written, signed request to the commander they believe committed the wrong.
📌 The complaint must:

  • Clearly identify the commanding officer (must be in the chain of command).
  • Clearly state the date and nature of the wrong.
  • Clearly specify the correction desired.

Step 2: Commanding Officer’s Response

📌 The commanding officer has 15 days to prepare a response.
📌 If a final response is not possible within 15 days, an interim response with an estimated date for resolution must be provided.

Step 3: If No Response or Denied Request

📌 If the soldier:

  • Does not receive a response within 15 days, OR
  • The commanding officer denies the request (fully or partially)

➡️ The soldier may escalate the complaint to the first General Officer with Court Martial Convening Authority.

Filing the Article 138 Complaint to a General Officer

Step 4: Written Complaint Submission

📌 Must be submitted within 90 days of the discovery of the wrong.
📌 Soldier can withdraw the complaint at any time.

Step 5: Review by the General Court-Martial Convening Authority

📌 The General Court-Martial Convening Authority will:

  • Determine if the complaint meets Article 138 criteria.
  • Return it to the soldier for corrections if deficiencies exist.
  • Waive deficiencies and proceed with the process.
  • Notify the soldier in writing of the action taken.

Final Processing & Escalation

📌 Once the review is complete, the complaint is forwarded to:
📌 Office of the Judge Advocate General (JAG), HQ Department of the Army.

🚨 Reminder:

  • Serious Process!
  • Goes up to the Department of the Army!
  • Ensure you read AR 27-10 before filing.

Key Takeaways Before Proceeding

✔ Seek guidance from JAG.
✔ Understand unintended consequences before acting.
✔ Follow proper procedures as outlined in AR 27-10.

✅ Until next time, stay safe and stay healthy!

Article 138 FlowchartDownload

George N.
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